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France on Trial: The Case of Marshal Pétain
by Julian JacksonWinner of the Duff Cooper Prize 2023A Telegraph Book of the YearA Times, Spectator and Prospect Book of the YearOne of the great contemporary historians of France on one of the most controversial periods of twentieth-century French historyFew images more shocked the French population during the Occupation than the photograph of Marshal Philippe Pétain - the great French hero of the First World War - shaking the hand of Hitler on 20 October 1940. In a radio speech after this meeting, Pétain told the French people that he was 'entering down the road of collaboration'. He ended with the words: 'This is my policy. My ministers are responsible to me. It is I alone who will be judged by History.' Five years later, in July 1945, the hour of judgement - if not yet the judgement of History - arrived. Pétain was brought before a specially created High Court to answer for his conduct between the signing of the armistice with Germany in June 1940 and the Liberation of France in August 1944.Julian Jackson uses Pétain's three-week trial as a lens through which to examine the central crisis of twentieth-century French history - the defeat of 1940, the signing of the armistice and Vichy's policy of collaboration - what the main prosecutor Mornet called 'four years to erase from our history'. As head of the Vichy regime in the Second, Pétain became one of France's most notorious public figures, and the lightening-rod for collective guilt and retribution immediately after the Second World War. In France on Trial Jackson blends politics and personal drama to explore how different national factions sought to try to claim the past, or establish their interpretation of it, as a way of claiming the present and future.
Ethisches Argumentieren: Ein Arbeitsbuch
by Marie-Luise RatersMoralische Überzeugungen hat jeder. Aber man will diese ja auch vor anderen begründen und verteidigen können. Das Arbeitsbuch führt in die wichtigsten Techniken des ethischen Argumentierens ein, indem es praktische Übungen präsentiert, mit denen sich das ethische Argumentieren an Beispielen einüben lässt. Im ersten einführenden Teil werden die Grundlagen skizziert. Dabei geht um die Grundstruktur des ethischen Arguments und den Unterschied zwischen deskriptiven und normativen Prämissen. Im zweiten Teil wird ein historischer Überblick über die wichtigsten Argumentationsweisen der Ethik gegeben. Wie würde ein Deontologe ein bestimmtes moralisches Problem im Gegensatz zu einer Utilitaristin oder einem Intuitionisten lösen? Im dritten sytematischen Teil geht es um etablierte Argumentationsformen der aktuellen Angewandten Ethik. Wie funktioniert z.B. ein Dammbruchargument und was ist ein Doppelwirkungsargument? – In 2-farbiger Gestaltung, mit zahlreichen Beispielen aus der alltäglichen Praxis und der Moralphilosophie, Übungen, Tipps und weiterführender Literatur. Die 2. Auflage wurde gründlich überarbeitet und durch vier Kapitel zum diskursethischen Argument, zum fürsorgeethischen Argument der Feministischen Ethik, zum Argument des moralischen Dilemmas und zum Argument der Allgemeinen Menschenrechte ergänzt.
Protecting Geographical Indications in Africa
by Marius Schneider Nora Ho Tu NamHome to emerging economies, a growing middle class, and the world's youngest population, Africa presents exciting opportunities for high-value products, including products bearing a geographical indication (GI). A GI is a sign used on products that have a specific geographical origin and possess qualities or a reputation due to that origin. From a niche topic of interest to a billion-dollar industry, GIs now command centre stage in the field of intellectual property (IP). This is no doubt due to the myriad of benefits associated with GIs, from price premiums to the development of rural areas; the revitalization of agricultural communities; and the expansion of tourism. It is hardly surprising that many stakeholders in the GI value chain, both from within and outside the continent, show a keen interest in protecting and enforcing GIs. In Africa, producer associations, governments, regulatory authorities, and the judiciary are however limited by the lack of clear information on how best to protect and enforce GIs. This book responds to the need for comprehensive information and practical advice on GIs in Africa. The first part of the book explores the economic and social opportunities offered by GIs, the legal framework within which African states operate at the international and continental level, and the mechanisms available to protect GIs. The authors adopt an Africa-centric approach, using real-life African examples. They propose a balanced discussion around GIs, remaining mindful of African interests and commitments. The second part of the book provides a detailed overview of the laws and regulations regarding GIs in the two main regional IP organizations in Africa--the African Intellectual Property Organization (Organisation Africaine de la Propri?t? Intellectuelle, 'OAPI') and the African Regional Intellectual Property Organization (ARIPO)--as well as in eleven African states: Algeria, Angola, Botswana, the Democratic Republic of Congo, Egypt, Ethiopia, Kenya, Mauritius, Morocco, Nigeria, and South Africa. The structure adopted by the authors allows readers to look up the factual background of the relevant jurisdiction, its legal framework, the applicable registration procedures, and enforcement mechanisms. The book guides experienced readers and newcomers through the topic of GIs in Africa.
Sustainable Development Goal 16 and the Global Governance of Violence: Critical Reflections on the Uncertain Future of Peace (Routledge Studies in Sustainable Development)
by Timothy Donais Alistair D. Edgar Kirsten Van HoutenThis book brings together a diverse range of scholars and practitioners working at the nexus of peace and development to reflect, at the mid-way point of the Sustainable Development Goals implementation period, what impact Goal 16 has made, or may yet make, toward reducing violence in ‘all its forms.’ Adopted in 2015, the Sustainable Development Goals include 17 objectives designed to shape and direct the global development agenda through to 2030, with Goal 16 aiming to promote ‘peaceful and inclusive societies for sustainable development.’ Amidst an ongoing global pandemic, evidence of a fracturing liberal international order, and the persistence of seemingly intractable conflict in large parts of the world, this volume takes stock of current progress toward providing access to justice and ensuring inclusive and democratic institutions. Across 15 chapters, the book’s contributors explore the universal aspirations of Goal 16 and its specific implications for conflict-affected states, which continue to experience ‘development in reverse,’ and for historically marginalized groups such as women, youth, the disabled, and indigenous peoples. In doing so, it offers a comprehensive assessment of Goal 16’s broader contribution to the creation of a more just, peaceful world against the realities of societies emerging from the COVID-19 pandemic and grappling with a deepening climate crisis. This volume will appeal to scholars, researchers, policymakers, and postgraduate students in sustainable development, global governance, international relations, global development, international law, and political science.
The Reasonable Person: A Legal Biography (Law in Context)
by null Valentin JeutnerJeutner argues that the reasonable person is, at heart, an empathetic perspective-taking device, by tracing the standard of the reasonable person across time, legal fields and countries. Beginning with a review of imaginary legal figures in the legal systems of ancient Egypt, Greece, and Rome, the book explains why the common law's reasonable person emerged amidst the British industrialisation under the influence of Scottish Enlightenment thinking. Following the figure into colonial courts, onto battlefields and into self-driving cars, the book contends that the reasonable person invites judges, jury-members, and lawyers to take another person's perspective when assessing their own or another person's conduct. The perspective of another is taken by means of empathy, by feeling what others might feel in a particular situation. Thus construed, the figure of the reasonable person can help us make more accurate judgments in a diverse world.
Westport: the breathtaking must-read new thriller from the former director of the FBI
by James ComeyShe's the lawyer. But now she's the one on trial.A red canoe sits abandoned on Seymour Rock, right where the Saugatuck River meets Long Island Sound. The elegantly dressed corpse of a woman lies inside...Nora Carleton left New York to become lead counsel at Saugatuck Associates, the world's largest hedge fund, where her life has become slower, more predictable. That is until her colleague and friend, Helen, is brutally murdered – and she becomes the prime suspect.In the months leading up to Helen's death, she and Nora were investigating someone within the company who was using insider information to undercut Saugatuck's investments. Nora knows this is somehow linked to Helen's murder – if only she can see how.Calling in old colleagues from the US Attorney's office, Mafia investigator Benny Dugan and attorney Carmen Garcia, Nora must find evidence to prove her innocence – or risk being put behind bars herself...'This is a really good mystery, expertly told and filled with the sort of detail only an insider could provide, including intrigue at the world's largest hedge fund. Once I picked it up, I was hooked.' Joseph FinderReviews for James Comey'A great read. Brimming with been-there-done-that authority.' Michael Connelly'A masterful blend of legal thriller, police procedural and psychological drama.' Jeffery Deaver'A bold new talent in the mystery genre.' Harlan Coben
The Routledge Handbook of Global Perspectives on Homelessness, Law & Policy
by Chris BevanThis handbook provides a comprehensive global survey and assessment of the law and policy relating to homelessness prevention. Homelessness is regarded internationally as one of the most pressing issues facing humanity and one of the greatest social challenges of our times. This has been further amplified as a result of the Covid-19 pandemic. Across the globe, there is an enormous divergence in both experiences of and responses to homelessness from governments and state actors. This handbook examines how different jurisdictions from across all five continents of the world have encountered, framed and responded to homelessness. Written by expert scholars and leaders in their field, the book engages in a multidisciplinary and comparative analysis of homelessness as an issue of acute social concern. Understandings of homelessness are geographically, culturally and historically situated, making analysis of each jurisdiction’s approach by a national expert deeply insightful. The collection examines legal and extra-legal policy interventions targeted at reducing or preventing homelessness from across the globe. Drawing on diverse perspectives, differing cultures and welfare regimes, it thus constitutes a timely evaluation of current approaches to homelessness internationally. This book will appeal to students and scholars of homelessness, sociology, social policy, anthropology, and urban sociology, as well as international and national policymakers.
The Routledge Handbook of Global Perspectives on Homelessness, Law & Policy
This handbook provides a comprehensive global survey and assessment of the law and policy relating to homelessness prevention. Homelessness is regarded internationally as one of the most pressing issues facing humanity and one of the greatest social challenges of our times. This has been further amplified as a result of the Covid-19 pandemic. Across the globe, there is an enormous divergence in both experiences of and responses to homelessness from governments and state actors. This handbook examines how different jurisdictions from across all five continents of the world have encountered, framed and responded to homelessness. Written by expert scholars and leaders in their field, the book engages in a multidisciplinary and comparative analysis of homelessness as an issue of acute social concern. Understandings of homelessness are geographically, culturally and historically situated, making analysis of each jurisdiction’s approach by a national expert deeply insightful. The collection examines legal and extra-legal policy interventions targeted at reducing or preventing homelessness from across the globe. Drawing on diverse perspectives, differing cultures and welfare regimes, it thus constitutes a timely evaluation of current approaches to homelessness internationally. This book will appeal to students and scholars of homelessness, sociology, social policy, anthropology, and urban sociology, as well as international and national policymakers.
Southern Man
by null Greg IlesThe hugely anticipated new Penn Cage novel from the #1 New York Times bestselling author of the Natchez Burning trilogy and Cemetery Road, about a man—and a town—rocked by anarchy and tragedy, but unbowed in the fight to save those they love. A senseless tragedyWhen a brawl at a rap festival triggers a bloody mass shooting in Mississippi, Penn Cage finds himself in a country on the brink of eruption. As the stunned cities of Natchez and Bienville reel, antebellum plantation homes are being torched and the deadly attacks are claimed by a Black radical group as historic acts of justice. Panic quickly sweeps through the communities, driving the prosperous Southern towns inexorably toward a race war. A rising starBut what might have been only a regional sideshow of the 2024 Presidential election explodes into national prominence, thanks to the stunning ascent of Robert E. Lee White on social media, a Southern war hero funded by an eccentric Mississippi billionaire, who seizes the public imagination as a third-party candidate. A country ready to implodeAs his hometown devolves into chaos, Penn Cage tears into Bobby White’s pursuit of the Presidency and ultimately risks a second Civil War to try to expose its motivation to the world, before the America of our Constitution slides into the abyss.
The Taxation of Fees for Technical Services on the Basis of Article 12A UN Model Convention (Series on International Taxation)
by David Orzechowski-ZölzerAlthough rules on the allocation of taxing rights for fees for technical services have been provided for in bilateral tax treaties by African, Asian, and South American countries for decades, it was only in the 2017 update that the UN Model Tax Treaty included Article 12A on the matter, thus suggesting its inclusion in the tax treaty network of its Member States. Consequently, from a cross-border perspective, the interpretation of Article 12A is of great importance for both taxpayers and tax authorities. This book presents the first comprehensive analysis of the scope of technical services in comparison to ordinary (non-technical) services and the differentiation between Article 12A and other allocation rules of the UN Model. The book’s analysis focuses on the interpretation of the concept of technical services by examining the historical evolution of Article 12 of the OECD and UN Models and the systematic context in which it is embedded. Aspects of this analysis examined include the following: the base-erosion principle as justification for establishing source taxing rights without the physical presence of the service provider in the state in which fees for technical services arise; whether the term ‘technical’ is sufficiently defined in the Commentaries to the UN Model or whether it shall be ascribed a different meaning to increase legal certainty for tax authorities and taxpayers; relevance of the OECD Model and its Commentaries as the basis for the UN Model and its Commentaries; rules of precedence concerning the application of Article 12A in relation to the other allocation rules of the UN Model; the connection between royalties and fees for technical services; application of Article 12A UN Model to challenges arising from the digitalized economy; and the allocation of taxing rights for fees for technical services rendered in a third state. Tax treaties of selected African countries are examined, as these countries were the earliest adopters of the concept of fees for technical services into their tax treaty network. The book also provides an overview of literature and jurisprudence on country practices in Brazil, India, and other countries, as well as relevant documents of international organizations. This book provides practitioners, government officials, and academics with a deep understanding of the interpretation and application of Article 12A UN Model. It will prove of great value in preparing for tax treaty negotiations and also in informing and advising enterprises that intend to conduct business in developing countries through the provision of specialized services.
Protecting the Last Frontier: Space Mining and Environmental Sustainability (Aerospace Law and Policy Series)
by Gabrielle LeterreAerospace Law and Policy Series Space resource activities—better known as “space mining”—is the next step in humankind’s utilization of outer space. Previous space activities have belatedly caused us to realize that fragile environments do not end with Earth’s atmosphere. Today, the most striking problem is the agglomeration and increasing generation of nonfunctional space objects (space debris) in orbit. Tomorrow, with the development of new space activities, unanticipated environmental problems will arise beyond Earth orbit. This book seeks to anticipate the inevitable legal framework that will need to be put in place and, in particular, considers the necessity to create legal standards to support the environmental sustainability of space resource activities. To that end, the book assesses the efficiency of existing space law in addressing environmental threats and reflects on the potential contribution international environmental law can offer. The array of applicable mechanisms considered includes a detailed examination of the following: what kind of environmental problems may arise from space resource activities; which norms of international law are relevant in addressing these threats within the framework of sustainability; the United Nations Space Treaties; domestic space legislations that directly address space resource activities or that are particularly significant from an environmental perspective; and soft law, especially instruments and guidelines from international organizations acting in the space sector, such as the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS) and the Committee on Space Research (COSPAR). Contrary to a common idea, space resources—such as the ones found in situ on celestial bodies—are limited and need to be managed rationally. It is indubitable that activities beyond Earth orbit will have an impact on the surrounding environment, raising a host of potential issues, which go beyond the question of debris, such as contamination and the risk of overexploitation. Ultimately, this book drafts the roadmap for the environmentally sustainable exploitation of space resources from a legal standpoint and proposes a sustainability framework articulated around a set of standards. Concerned lawyers and policymakers worldwide will greatly appreciate the book’s set of objective standards and concrete measures. This practical approach, which includes the comprehensive review of instruments governing space activities, will lead them to navigate with assurance the different normative levels of legal action for astro-environmentalism.
Regulating Competition in the EU
by Bent Ole Gram Mortensen Michael Steinicke Pernille Wegener Jessen Karsten Engsig SorensenThis revised and updated edition of a basic sourcebook and practice guide in EU competition law retains the first edition’s significantly broader perspective on EU competition law than most books in the field. It explains not only the traditional areas of competition law but also aspects of competition law that are of particular importance to practitioners. With its comprehensive overview of relevant provisions related to competition, among others, the authors shed clear light on the following topics and the interplay between these different areas of competition law: the prohibition of agreements which restrict competition; the prohibition of abuse of dominant position; the rules on merger control; the prohibition of State aid; the liberalised sectors such as energy supply, transport, postal services, and telecommunications; and the rules on public procurement. The chapters integrate an extensive number of sources, including new acts, new decisions and judgments, and new Commission guidelines, that help guide the interpretation of the underlying Treaty provisions. With its enhanced view of EU competition policy, regulation, and enforcement and its emphasAis on specific industry sectors, this book offers an unusually thorough view of aspects of competition law which play an essential role in regulating the conduct of undertakings and public authorities in the market. This new edition will continue to be of special value to any lawyer, policymaker, or scholar active in European competition law.
A European Central Bank Standing Guard over a European Currency Union (International Banking and Finance Law Series #38)
by Jan MeyersIn this year of the euro’s 25th anniversary, the book revisits the architecture of the European currency union as it continues to evolve and faces today’s concurrent challenges posed by its members’ high and diverging government debt levels, debt sustainability concerns, and the considerable public expenditures, investments and reforms needed in particular to address climate change and the green transition. Key components reviewed include the single monetary policy for the eurozone; the common rules and processes for keeping a measure of discipline and orderliness in the members’ economic and budgetary policies; the containment of financial fragmentation within the eurozone; and stability support for members under financial stress. The book focuses on the central role of the European Central Bank (ECB) and considers such issues as: how the ECB has defined its monetary policy mandate and calibrated its actions within the matrix of broadly worded objectives and constraints set by the EU Treaties; the possible tensions and trade-offs between the ECB’s primary mission of inflation control and the episodic need to avert risks to financial stability, contain financial fragmentation and preserve the cohesion of the European currency union; the difficulties of a single monetary policy interacting with the relative heterogeneity of economic characteristics and national fiscal policies across the eurozone; the ECB’s possible role in supporting the transition to a lower-carbon economy; and how judicial review by the European Court of Justice has to contend with the complexities and inherent uncertainties of monetary analysis and the ECB’s need of a broad margin of policy judgment. As part of the EU’s incomplete economic and monetary union, the currency union remains a work in progress. The challenges and choices at hand present serious legal questions that cannot be viewed in isolation from the economic and political issues—a kind of 3D combination puzzle to be solved.
Aggrieved Taxpayers versus Tax Authorities
by Naoki Matsuda<span style="font-size:11.0pt;color:black;mso-themecolor: text1">National tax authorities often find that improving taxpayers’ access to justice tends to increase the number of tax disputes, giving rise to a need to strike a workable balance between these two challenges. This extraordinarily useful and informative book looks into the status of tax disputes of some representative countries and their historical and recent moves to attain such a balance. The countries highlighted are Japan, the United States (U.S.), the United Kingdom, Australia, and New Zealand, with the European Union represented by Ireland and the Netherlands, from all of which the author makes comparisons of their rules and practices affecting the status of tax disputes and their resolution. <span style="font-size:11.0pt;color:black;mso-themecolor: text1">Through his analysis, the author identifies common factors that significantly work toward increasing or decreasing the number of tax disputes in a country: tax structure; tax audit; compliance level; modes of tax dispute settlement; level of taxpayers’ burden; power and performance of reviewing bodies; complementary administrative and legal measures for taxpayers; and requirement for and effect of filing tax objections/litigations.<span style="font-size:11.0pt;color:black;mso-themecolor: text1"> <p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 10.0pt" class="MsoBodyText"><span style="font-size:11.0pt;color:black;mso-themecolor: text1">After having summarized how those factors are at work in those countries, the final chapter delineates reform options to strike a workable balance between the two challenges. <p style="margin-bottom:0cm;margin-bottom:.0001pt;mso-line-height-alt: 10.0pt" class="MsoBodyText"><span style="font-size:11.0pt;color:black;mso-themecolor: text1"> In its extraction/analysis of highly disputed themes (e.g., in the case of the U.S., penalties, collection due process, innocent spouse relief, gross income, trade or business expenses), its identification of key factors that affect the number of tax disputes, and its cross-country comparison of how those factors are at work in tax law, procedures governing tax objections/litigations, etc., this is the first book to address in depth the issue of how some types of tax provisions are disputed more frequently than others. It will be of inestimable value to tax professionals and tax authorities in pursuing fairness and speedy resolution of tax disputes.
Traditional Indian Virtue Ethics for Today: An East-West Dialogue (Palgrave Studies in Comparative East-West Philosophy)
by Amita Chatterjee Sitansu S. Chakravarti Ananda Chakravarti Lisa WiddisonWorking in the tradition of world philosophy, this book puts Western virtue ethics in conversation with traditional Indian philosophies. The book begins with a contribution from Michael Slote on ‘World Philosophy: The Importance of India,’ which is followed by contributions covering metaethical topics such as the relationship between Western virtue ethics and various Indian philosophical traditions, and applied topics such as environmental ethics, business ethics, ethics and science, and moral psychology. Contributors include scholars working in both North America and India.
Aesthetics of Law: From Methodology to Manifestations (Law and Visual Jurisprudence #14)
by Kamil Zeidler Joanna KamieńThe aesthetics of law deals with the relationship between law and beauty by searching for aesthetic values in the law itself (an internal perspective), by finding material related to law in art and culture (an external perspective), and, lastly, by demonstrating the impact of legal norms on what can be broadly understood as beauty (law as a tool of aestheticization). Regarding all these phenomena, the aesthetics of law ultimately allows us to see the law more clearly and more profoundly. What is more, the law does not function, nor has it ever functioned, separately from its means of expression, which are incontrovertibly subject to aesthetic interpretation. If we think about law in this way, perceiving not only the message, but also the manner in which it is conveyed, the whole set of means and tools used, the perfection and beauty of the form, then we will see art in it. After all, the widely known and still applicable ancient maxim ius est ars boni et aequi equates law and art. This alone should be an argument for aesthetic reflection on the law, a field of endeavour that should never have been abandoned. The book’s twenty-three chapters, written by scholars from various countries and three continents, are thematically diverse. In them we present the manifestations of the aesthetics of law from an external perspective. If we accept a definition of the concept of law that is as broad as possible, not only as a synonym of a certain formalized normative system, but also including the process of its creation (legislation), its application and interpretation (jurisprudence), and even teaching on and research into it (doctrine), we can identify a wealth of aesthetic references in the law. A broadly understood aesthetics of law, approached solely from an external perspective, covers such disciplines as law and literature, the aesthetics of legal rhetoric, the trial as performance, the aesthetics ofcourthouse architecture, law in the fine arts, law in film, law and music, pictorial law, symbols of the law and legal symbols, symbols of the state and power, legal archaeology etc. The field of research is, therefore, wide. In addition to topics traditionally and obviously associated with the aesthetics of law, such as law and literature, law in the fine arts, and court rhetoric, there are chapters on e.g. legal ethics and trademarks. All authors share the belief that beauty in law is important, even when it is hidden in a caricature. Further, they argue for restoring the aesthetics of law to its proper place in philosophical and legal discourse, as doing so would yield a host of benefits for the addressees of law.
Biodiversity Laws, Policies and Science in Europe, the United States and China
by Tianbao Qin Maria Vittoria Ferroni Giovanni Antonelli Alex ErwinThis book offers an in-depth analysis of and multidisciplinary insights into the latest trends in biodiversity laws, policies and science in Europe, the United States, and China. The loss of biodiversity and degradation of ecosystems continues at an alarming rate, harming people, the economy, and the climate. As biodiversity cannot be meaningfully addressed by any single field, a multidisciplinary approach is needed to attain a better understanding of its complexity and to identify prevention and protection systems. Each chapter addresses a specific aspect of biodiversity. Taken together, they provide an innovative exploration of the various facets of biodiversity from the perspectives of law, the social sciences and natural sciences. As such, the book offers an essential theoretical and practical guide for academics, experts, policymakers, and students alike.
Embryonic Stem Cells and the Law: Crafting A Humane System of Regulation
by Joshua WeiserThis book deals with the research and use of embryonic stem cells to combat a number of diseases and the legal limitations, arising mostly from bioethical concerns regarding human life. Using the New Haven problem and policy-oriented method of jurisprudence, the author thoroughly explains the scientific and technological parameters and promise of this medical innovation and its alternatives as well as the conflicting claims and past decisions regarding its legal and moral acceptability in international and comparative perspective. International law, EU and regional human rights law, as well as individual countries’ laws across the globe are covered, ending with American law on the federal and state levels. The book concludes with a recommendation of humane regulation, and a draft federal statute as a model form of regulation that would allow the beneficial research and use of this technology.
The Evolution of International Criminal Procedure: From Nuremberg and Tokyo to the International Criminal Court (Routledge Studies in Law, Rights and Justice)
by Giovanni ChiariniThis book examines the evolution of international criminal procedure from the 1945–1946 Nuremberg and Tokyo trials to the present period. It is largely based on a normative-jurisprudential approach to the procedural rules, comparing both norms and case law of the relevant courts and tribunals. The book shows the possibility of classifying “international criminal procedure” as an autonomous concept and field of study, which is constantly evolving due to the interaction of different legal cultures that characterizes this subject matter and is derived from the varied procedures as established in both statutory law and jurisprudence. Far from being an autonomous entity, international criminal procedure now represents a great compromise between the legal traditions of different ICC member States. What emerges is the historical evolution of an international criminal procedure with a unique identity, a very real “third way” between the traditional dichotomy of common law and civil law, between the Anglo-Saxon and the European Roman Law-oriented legal traditions. The book will be of interest to academics, scholars, and researchers working in the areas of international criminal law, comparative law, criminal procedure, and legal history, as well as judges and international legal professionals.
How Free Are We?: Conversations from the Free Will Show
by Taylor W. Cyr Matthew T. FlummerFree will comes up in everyday conversations all the time. "She did that of her own free will." "He could have done something else instead." "It's my choice." "That's up to you." How we think about free will-and the closely-related concept of moral responsibility-is essential to how we think about our lives. We frequently praise and blame each other, and ourselves, for the choices we make, believing that this is appropriate because the person we're holding responsible possesses free will. But what does it mean to have free will? Do any of us have it at all? If so, then how much? These and related questions are at the heart of debates about free will in philosophy. How Free Are We? contains a collection of edited interviews from The Free Will Show, a podcast by the philosophers Taylor W. Cyr and Matthew T. Flummer, highlighting recent developments on the topic. In an accessible and conversational format, a variety of scholars introduce the main issues and arguments in the free will debate, including various apparent threats to free will-such as fatalism, foreknowledge, and determinism-as well as the Consequence Argument, and the problem of luck. After building this foundation, later interviews introduce main positions and questions in debates surrounding free will, including several varieties of libertarianism, compatibilism, a version of free will scepticism, and others that do not fit neatly into any of these categories. With original introductions, bibliographies, and suggestions for further reading to accompany each interview, in addition to an afterward and a glossary of terms, How Free Are We? serves as a primer for those seeking an introduction to the topic and a window into what leading philosophers are currently thinking about and debating in this field.
Women's Property Rights Under CEDAW
by Jos? E. Alvarez Judith BauderThe gender gap with respect to wealth and property is a chasm. For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women in relationships; family rights, including inheritance; rights to land, adequate housing, financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice. This book uses the CEDAW Committee's own texts: its General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries. The book finds that CEDAW's vision of what it means for women to have equal rights to property is dramatically different from what many scholars consider to be the leading source of "the international law of property," namely the case law generated on behalf of foreign investors' property under the international investment regime. CEDAW's vision is also more far-reaching and nuanced than the gender equality approaches followed by international financial institutions like the World Bank, whose gender equality rhetoric exceeds its actual on-the-ground development efforts. While CEDAW's property rights converge with those protected under other international human rights regimes, they remain unique in addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have undermined the fundamental rights of women and girls and led to their continued impoverishment all around the world. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
Women's Property Rights Under CEDAW
by Jos? E. Alvarez Judith BauderThe gender gap with respect to wealth and property is a chasm. For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women in relationships; family rights, including inheritance; rights to land, adequate housing, financial credit, social benefits, intellectual property, and other economic rights dependent on equal access to justice. This book uses the CEDAW Committee's own texts: its General Recommendations, Views in response to communications, Concluding Observations in response to State reports, and Reports on Inquiries. The book finds that CEDAW's vision of what it means for women to have equal rights to property is dramatically different from what many scholars consider to be the leading source of "the international law of property," namely the case law generated on behalf of foreign investors' property under the international investment regime. CEDAW's vision is also more far-reaching and nuanced than the gender equality approaches followed by international financial institutions like the World Bank, whose gender equality rhetoric exceeds its actual on-the-ground development efforts. While CEDAW's property rights converge with those protected under other international human rights regimes, they remain unique in addressing the underlying patriarchal structures, stereotypes, and forms of intersectional discrimination that have undermined the fundamental rights of women and girls and led to their continued impoverishment all around the world. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
How Free Are We?: Conversations from the Free Will Show
by Taylor W. Cyr Matthew T. FlummerFree will comes up in everyday conversations all the time. "She did that of her own free will." "He could have done something else instead." "It's my choice." "That's up to you." How we think about free will-and the closely-related concept of moral responsibility-is essential to how we think about our lives. We frequently praise and blame each other, and ourselves, for the choices we make, believing that this is appropriate because the person we're holding responsible possesses free will. But what does it mean to have free will? Do any of us have it at all? If so, then how much? These and related questions are at the heart of debates about free will in philosophy. How Free Are We? contains a collection of edited interviews from The Free Will Show, a podcast by the philosophers Taylor W. Cyr and Matthew T. Flummer, highlighting recent developments on the topic. In an accessible and conversational format, a variety of scholars introduce the main issues and arguments in the free will debate, including various apparent threats to free will-such as fatalism, foreknowledge, and determinism-as well as the Consequence Argument, and the problem of luck. After building this foundation, later interviews introduce main positions and questions in debates surrounding free will, including several varieties of libertarianism, compatibilism, a version of free will scepticism, and others that do not fit neatly into any of these categories. With original introductions, bibliographies, and suggestions for further reading to accompany each interview, in addition to an afterward and a glossary of terms, How Free Are We? serves as a primer for those seeking an introduction to the topic and a window into what leading philosophers are currently thinking about and debating in this field.
Brain Science for Lawyers, Judges, and Policymakers
by Morris B. Hoffman Francis X. Shen Owen D. Jones Jeffrey D. Schall Anthony D. WagnerBrain science in the form of neuroscientific evidence now appears frequently in courtrooms and policy discussions alike. Many legal issues are at stake, such as how to separate the best uses of brain science information from those that are potentially biasing or misleading. It is crucial to evaluate brain science evidence in light of relevant legal standards (such as the Daubert and Frye Rules). Brain Science for Lawyers, Judges, and Policymakers responds to this rapidly changing legal landscape, providing a user-friendly introduction to the fundamentals of neuroscience for lawyers, advocates, judges, legal academics, and policymakers. It features detailed but clear illustrations, as well as a comprehensive and accessible overview of developments in legally relevant neuroscience. Readers will learn brain science terms, how to understand and discuss brain structure and function in legally relevant contexts, and how to avoid over- or under-interpreting neuroscientific evidence. The book begins with a survey of the kinds of litigation, legislation, and regulation where neuroscience is currently being used. It provides accessible descriptions of basic brain anatomy and brain function as well as an overview of how modern technologies can reveal the brain structures and brain functions of individuals. It finishes with cautions and limitations, including timely and thought-provoking observations about where the future of neurolaw might lead. Throughout, the authors offer clear and concise guidance on understanding both the promise and the limitations of using brain science in law and policymaking.
Buddhism in Court: Religion, Law, and Jurisdiction in China
by Cuilan LiuWhat happens to Buddhist monks and nuns who commit crimes? Buddhism in Court is the first book to uncover an important, yet long-overlooked, Buddhist campaign for clerical legal privileges that aim to exempt monks and nuns from being tried and punished in the government courts. Liu reveals the campaign's origins in Indian Buddhism and how Chinese Buddhists' engagement reshaped Buddhism's place in the jurisdictional landscape in China from the fourth century to the present. Drawing on Buddhist monastic law texts, archives, court documents, Chinese laws, official histories, law case books, institutional announcements, and private writings circulated on social media, Buddhism in Court traces the legacy of the campaign for clerical legal privileges from its origin in India to its transformation in China and its continuing impact in the Chinese courtroom to the present day. Diverting from the dynasty-centered approach to studying religion, law, and history in China, Buddhism in Court expands our understanding of this legacy of early Chinese Buddhism and challenges the notion that the transition between imperial and post-imperial China was marked only by disruption.